Judge refuses to block Worcester panhandling ordinances

In a 23-page ruling Thursday, U.S. District Court Judge Timothy S. Hillman denied a request by the American Civil Liberties Union to prevent enforcement of the two ordinances, enacted in January 2013.

"In my analysis, I have found that the City has a legitimate reason for enacting the ordinances in question, that these interests are substantial and necessarily outweigh the Plaintiffs' interest in the unfettered right to solicit in public areas. I further find that it is in the public's interest to be safe and secure in their person, and for safety of all to be maintained on City streets, sidewalks, traffic islands and similar public areas," Judge Hillman wrote.

The ACLU filed a lawsuit on behalf of three city residents — one a School Committee member — to block the panhandling ordinances that took effect in late January.

The organization argued the ordinances are unconstitutional and violate free speech and people's rights to peacefully solicit donations in public.

The plaintiffs are Robert Thayer and Sharon Brownson, two people described as homeless city residents; and Tracy O'Connell Novick, a member of the School Committee.

Judge Hillman ruled the ordinances were narrowly tailored to achieve their purposes and leave open alternate channels for communication. He said the city has a legitimate interest in promoting the safety and convenience of citizens on sidewalks and streets.

Judge Hillman gave a nod to an electoral process in which sign-holders descend upon rotaries, traffic islands and intersections.

"They are colorful, persistent, and, at times distracting.…They are also dangerous exercises in survival driving skills."